WSR 08-19-070

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 16, 2008, 9:48 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-15-140.

Title of Rule and Other Identifying Information: WAC 296-127-01316 Diver and diver tender, 296-127-01334 Industrial power vacuum cleaners, and 296-127-01396 Construction site surveyor.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S117, Tumwater, WA, on October 22, 2008, at 2:30 p.m.

Date of Intended Adoption: November 18, 2008.

Submit Written Comments to: Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by October 22, 2008.

Assistance for Persons with Disabilities: Contact Sally Elliott by October 1, 2008, at yous235@lni.wa.gov or (360) 902-6411.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prevailing wage rates on public work projects are determined and enforced according to the trade, occupation, or "classification" of work actually performed. The purpose of this rule making is to write scope of work descriptions for job classifications that have wage rates but no written scope of work descriptions in the Washington Administrative Code. This rule making will include scope of work descriptions for construction site surveyors, industrial power vacuum cleaners, and divers/diver tenders.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 39.12 RCW, RCW 43.22.051 and 43.22.270.

Statute Being Implemented: Chapter 39.12 RCW and RCW 43.22.270.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: David Soma, Tumwater, Washington, (360) 902-5330; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is specifically exempt from the small business economic impact statement requirement because the proposed rule will not impose more than minor costs on businesses (see RCW 19.85.030 (1)(a)). Wage rates already exist for each of these job classifications. Through this rule making, the department provides greater clarity to all affected parties as to when and to which activities the wage rates apply on public works projects.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Sally Elliott, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

September 16, 2008

Judy Schurke

Director

OTS-1755.2


NEW SECTION
WAC 296-127-01316   Diver and diver tender.   For the purpose of the Washington state public works law, chapter 39.12 RCW, divers perform a variety of underwater applications and operations such as structural repair and demolition, underwater welding and cutting, dredging, debris removal and excavation. Diver tenders aid and assist divers by coordinating activities. By classification, this work includes, but is not limited to:

(1) Diving master/supervisor. Is the designated person in charge (per Occupational Safety and Health Act (OSHA) regulations) during operations requiring multiple divers in the water/liquid medium. Is in charge of and responsible for all aspects of the diving operation and supervising all personnel in the dive team.

(2) Diver. A person who wears a type of diving gear that directly supplies compressed air or other gasses for breathing purposes and who personally enters and descends below the surface of the water or other liquid medium to work at ambient pressures encountered therein; including a person working in a one atmosphere bell/vehicle; to inspect, repair, remove, or install equipment or structures. The diver:

Descends into water with the aid of diver tender and communicates with surface by signal line or telephone; and

Inspects docks; and hulls, fittings, and propellers of ships; or

Repairs vessels below waterline, replacing fastenings and adding or repairing hull fittings; or

Caulks leaks in ships or caissons; or

Guides placement of pilings for structures, such as docks, bridges, cofferdams, oil drilling platforms, and storm water/sewerage outfalls; or

Lays, inspects, and repairs underwater pipelines, cables and sewers, using hand tools; or

Cuts and welds steel; uses air bladder lifting devices for working underwater; or

Cleans debris from intake and discharge strainers; or

Places rigging around objects and hooks rigging to crane lines; or

Rigs explosives for underwater demolitions; or

Places recording instruments below surface of water preparatory to underwater tests or experiments; or

Sets sheet piling for cofferdams; or

Drills holes in rock for blasting purposes at bottom of liquid medium; or

Photographs underwater structures; or

Places sandbags around pipelines or base of cofferdam to provide structural support.

(3) Diver tender. A person who works from above the surface of the water or liquid medium to:

Aid and assist the diver by coordinating topside activity;

Aid in dressing and undressing the diver;

Maintain communications with the diver; or

Generally maintain the diving equipment on the job site.

(4) Assistant tender. A person who acts as an extra tender available to assist the diver's regular tender.

(5) RCV/ROV pilot-controller. A person who uses remote controls to fly/drive remotely controlled vehicle(s) during underwater functions, and performs routine field maintenance of the RCV/ROV.

(6) RVC/ROV tender. A person who assists the RCV/ROV pilot-controller.

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NEW SECTION
WAC 296-127-01334   Industrial power vacuum cleaner.   For the purpose of the Washington state public works law, chapter 39.12 RCW, the industrial power vacuum cleaner performs duct cleaning work that normally requires the utilization of a specialized truck or trailer with power vacuum equipment that removes or cleans out mold, fungi, dust and other contaminants from HVAC systems.

(1) Work includes, but is not limited to:

Source removal methods that employ vacuum units and compressed air to loosen dirt and debris in HVAC systems and convey it to a containment device for proper disposal; and

Work that involves the attachment of the vacuum system to an existing port.

(2) Work performed under this scope does not include: Creating service openings in the system as necessary in order to accommodate cleaning of otherwise inaccessible areas or the sealing of those service openings; nor

Removing and installing ceiling sections to gain access to HVAC systems during the cleaning process.

Openings that are created for access and then sealed will utilize HVAC sheet metal rates of wage.

Work utilizing mechanical or hand brushes and other tools to loosen dirt and debris for removal from HVAC systems will use the appropriate general laborer or mechanic wages.

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NEW SECTION
WAC 296-127-01396   Construction site surveyor.   For the purpose of the Washington state public works law, chapter 39.12 RCW, construction site surveyors perform survey work which requires the use or utilization of transits, tripod mounted levels, lasers, electrotape and other electronic measuring devices or theodolites to establish a location, an elevation or grade, distances, and other measurements.

(1) The work of the construction site surveyor includes, but is not limited to:

Survey work performed after the contract is awarded and during the actual construction in direct support of construction crews when the worker is in the employ of and working under the direction of a construction contractor to survey check points of location and grade on a construction site using a variety of measurement tools, instruments, and procedures.

(2) The construction site surveyor scope of work does not include surveying services not within the description in subsection (1) of this section that are required by specification or contract or state law to be performed under the direct supervision of individuals registered under chapter 18.43 RCW.

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Washington State Code Reviser's Office